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Ind. Code § 29-1-8-1 · checked 2026-10-20
Indiana small estate affidavit limit
In Indiana the small estate affidavit is available when the gross probate estate, for a death after June 30, 2022 is $100,000 or less, and it can be used 45 days after the death. It works through an affidavit handed to the bank or other holder, with no court filing.
- 1Dollar limit $100,000
- 2Waiting period 45 days
- 3Filed with Asset holder
- 4Statute Ind. Code § 29-1-8-1
What Ind. Code § 29-1-8-1 says
The operative words of the statute, as read on 2026-10-20:
“one hundred thousand dollars ($100,000), for the estate of an individual who dies after June 30, 2022”
That test is applied to the gross probate estate, for a death after June 30, 2022. Earlier deaths use earlier limits: $50,000 for deaths from July 1, 2006 to June 30, 2022, and $25,000 before that.
Source: Ind. Code § 29-1-8-1 (text read from the FindLaw copy; check the legislature's own text before relying on it). Last checked 2026-10-20.
Worked examples against the $100,000 limit
| Estate value | Result under Ind. Code § 29-1-8-1 |
|---|---|
| $60,000 | Within the limit |
| $100,000 | Within the limit |
| $101,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — gross probate estate, for a death after June 30, 2022 — not everything the person owned. Indiana's figure is $37,500 above the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 7th from the top, level with Arkansas, Hawaii, Idaho, Montana.
When the route opens
The statute requires 45 days to pass after the death. For a death on January 15, 2026, the earliest date is March 1, 2026. 1 of the 31 jurisdictions with a written wait make people wait longer and 28 wait less; the median is 30 days.
If the estate goes through full probate instead, creditors have 3 months counted from first published notice to creditors (Ind. Code § 29-1-14-1). The Indiana probate timeline works those dates through.
Filing and fees
This is a no-court procedure: the person entitled to the property signs the affidavit and presents it to whoever holds the asset — a bank, a transfer agent, a motor-vehicle office. The court fee schedule for Indiana could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate affidavit and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby East North Central jurisdictions
Illinois: $150,000; Michigan: $50,000 base after 28 days; Ohio: $35,000; Wisconsin: $50,000.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Indiana probate court or its self-help center before filing.